Question juridique clé
Whether the investigating judge’s submission had to be served on the appellant in the cantonal appeal proceedings
Solution extraite
Yes. Even if the submission largely referred to the challenged decision and the file, it had to be communicated so the appellant could respond.
Motifs extraits
The right to be heard under Art. 29(2) BV and the fair-trial guarantee under Art. 6(1) EMRK include access to all decisive submissions and the opportunity to comment on them.